An employer may not simply change salary, working hours, position, place of work, bonus, lease car or working-from-home arrangements unilaterally. The first step is to establish where the employment term is laid down and which legal test applies. A collective labour agreement (cao) or mandatory law may take precedence. The next question is whether the employment contract contains a written clause permitting unilateral amendment.
Nederlands: Lees dit artikel in het Nederlands: Mag een werkgever arbeidsvoorwaarden eenzijdig wijzigen?
Türkçe: Bu makaleyi Türkçe okuyun: İşveren çalışma koşullarını tek taraflı olarak değiştirebilir mi?
Where such a clause exists, the strict test of Article 7:613 of the Dutch Civil Code (BW) applies: the employer must have a compelling interest to which the employee’s interest must yield according to standards of reasonableness and fairness. Without such a clause, consent is the starting point. In exceptional circumstances, however, the duty to act as a good employee may require an employee to accept a reasonable proposal.
What are terms of employment?
Terms of employment are the arrangements that give substance to the employment relationship, such as wages, working hours, holiday entitlement and pension. Arrangements on a bonus, travel expenses, working from home, a lease car, training, position, rota or place of work may also form part of them. Keep your employment contract, any supplementary schemes and evidence of verbal agreements that can be proven.
Not every work instruction amounts to a change in a term of employment. Within reasonable limits, the employer has a right to give instructions on how the work is performed and on order within the business. The more specific and established an arrangement is, the less readily it can be changed by way of an ordinary instruction.
Changing terms of employment unilaterally: which rules apply?
Read the employment contract, the applicable cao, the staff handbook, the bonus scheme and any later confirmations. Check whether documents have been validly declared applicable and whether a scheme contains an amendment clause. An individual arrangement may sometimes be more favourable than a cao, unless the cao does not permit deviation from it.
A scheme that has been applied consistently for years may also acquire legal significance. Whether a practice has become a term of employment depends on the statements and conduct of the parties, its duration, its content, the benefit involved, the group of employees concerned and whether the employer always made a reservation.
What may an employer do with a written amendment clause?
Article 7:613 of the Dutch Civil Code requires a written clause. Its mere existence does not give the employer a free hand to make changes. The employer must have an interest of such weight that the employee’s individual interest must reasonably yield to it. The personal consequences must therefore be examined in concrete terms.
Relevant circumstances include the cause of and need for the change, its duration, the financial consequences, the group affected, consultation with employee representatives, the alternatives explored and any transitional or compensatory measures. A general wish to cut costs or harmonise terms is usually not enough without further substantiation.
What applies without a unilateral amendment clause?
Without an amendment clause, the employer can in principle change a contractual term of employment only with the employee’s consent. Silence will rarely suffice; where a change is to the employee’s detriment, it must be clear that the employee consciously agreed. The assessment starts with the proposal and the reasons behind it.
Article 7:611 of the Dutch Civil Code may also play a role. In the Stoof/Mammoet judgment (Supreme Court of the Netherlands (Hoge Raad), 11 July 2008, ECLI:NL:HR:2008:BD1847), the Supreme Court explained that it must be examined whether changed circumstances give rise to a proposal, whether the proposal is reasonable and whether the employee can reasonably be expected to accept it. This is a contextual balancing of interests, not a simple way of getting around the absence of consent.
May the employer change salary, bonus or allowances?
A reduction in basic salary goes to the heart of the employment contract and will not readily be accepted. A structural allowance may also be protected. With a bonus, the first question is whether it is discretionary, which conditions apply and how the employer has acted in previous years.
A discretionary power must be exercised reasonably and not arbitrarily. An employer cannot simply cancel a bonus that has already been earned after the event. For future periods, a change may be possible if the scheme and the circumstances allow it and the procedure is followed with due care.
May your position and place of work change?
A position may change as a result of reorganisation, technological developments or changes in how the business is run. Assess whether the new duties fall within the agreed position or in fact amount to a different position. Pay attention to level, responsibilities, managerial duties, pay, career prospects and status. Compare the existing situation with the proposal side by side.
When the place of work changes, relevant factors include travel time, travel costs, caring responsibilities, accessibility, the wording of the contract and the reason for the relocation. A mobility clause is relevant but not unlimited. Explore arrangements for working from home or transitional arrangements and record the individual consequences.
May the employer change your working hours or contractual hours?
Within the contract, the employer can often set rotas, but a fixed pattern that has existed for years cannot always be overturned without balancing the interests involved. Caring responsibilities, health, studies and other work may carry considerable weight. A structural reduction or increase in contractual working hours usually requires consent or a separate statutory route.
Employees may themselves, subject to conditions, request a change in their working hours, working times or place of work under the Flexible Working Act (Wet flexibel werken). A change imposed by the employer is legally a different matter, but the same practical interests may be relevant to the reasonableness test.
What applies to pensions and collective schemes?
Changes to pensions require particular attention. In addition to the employment contract, the pension agreement, the administration agreement, the Pensions Act (Pensioenwet), the cao and co-determination rights may apply. Consent from a works council does not automatically replace the individual employee’s consent, but it may carry weight in the balancing of interests. Ask for the scheme and the proposed changes in writing.
In the case of collective changes, the employer must communicate clearly about the aim, consequences, alternatives and compensation. Also check whether particular groups are disproportionately affected and whether indirect discrimination arises.
Would you like the arrangements and their consequences to be assessed? Tell us about your situation.
How does an employee object?
Respond promptly and in writing. State that you do not consent, which term is being changed, what the specific disadvantage is and that you reserve your rights. Where possible, continue working under protest to avoid escalation, but make sure that performing the work for a long period without reservation is not interpreted as consent.
Ask the employer for the contractual basis, the business and economic justification, the effective date, the duration, the alternatives and the compensation. Keep payslips, rotas, schemes and earlier commitments. If you lose wages, a wage claim or interim relief proceedings may be necessary.
What should an employer do beforehand?
Map out the existing rights and the applicable documents. Define the problem in concrete terms and gather verifiable data. Explore less far-reaching alternatives and decide whether compensation or a transitional period is needed. Involve the works council or staff representation where the law requires it and document this balancing exercise.
Then make a clear, individual proposal. Explain why the change is necessary, which interests have been weighed and what the consequences are for this particular employee. Allow room for consultation. A generic announcement that “the policy has changed” is insufficient where contractual terms of employment are concerned.
Which mistakes can you avoid?
Employers rely too heavily on a broadly worded clause, implement the change before consultation or confuse the works council’s consent with the consent of each individual employee. Employees sometimes respond only verbally, sign for agreement without reservation or wait months before objecting.
Another mistake is to treat every disadvantage as a prohibited change. Sometimes it is a reasonable instruction within the existing arrangements. The precise wording of the contract, established practice and the actual consequences determine how the matter is classified.
How do you assess a proposed change step by step?
Work from the specific arrangement or advice that is in dispute. First gather the documents and then formulate your question. Record responses in writing and assess the next step on the basis of the file. This prevents discussions about general positions from overshadowing the actual issue.
- Which term of employment is changing, exactly?
- Where is that term laid down?
- Does a cao, statute or pension scheme apply?
- Is there a written unilateral amendment clause?
- What specific interest does the employer have?
- What individual disadvantages arise?
- Have alternatives, compensation and transitional arrangements been explored?
- Is the change temporary or permanent?
- Was an objection made promptly and unambiguously?
- Is an interim measure or a wage claim needed?
How does the balancing of interests work in practice?
An employer proposing a temporary pay measure because of a structural business and economic necessity must explain the figures, duration, scope and alternatives. It matters whether management and shareholders also contribute, whether employees bear the entire risk and whether there is a scheme for restoration or compensation. A permanently lower salary without individual consent remains very difficult to justify.
Where the place of work moves a few kilometres within the same region, the employer’s interest may weigh relatively heavily. A relocation that adds two hours of travel time a day, makes caring responsibilities impossible and is introduced without a transitional arrangement requires far stronger justification. The same collective measure may therefore work out differently for each employee.
A bonus scheme that has been expressly awarded as discretionary every year leaves more room for change than a fixed thirteenth month that has been paid without conditions for years. Even so, a discretionary power must also be applied fairly, consistently and in accordance with the scheme itself.
Which documents help with an objection and legal proceedings?
Keep all versions of the contract, handbook and scheme. Note when a change was announced, when you objected and from which payslip or rota it was actually implemented. A before-and-after comparison makes the financial or practical disadvantage visible.
If the employer claims that you consented, what matters is exactly what was signed and what information was provided beforehand. An acknowledgement of receipt is not automatically consent. When signing for receipt, state explicitly, where necessary, that you do not agree with the content.
In the event of an urgent and substantial loss of wages, interim relief proceedings may be appropriate. Proceedings on the merits may be required for a final ruling. Continue to communicate carefully during the dispute and avoid refusing to work; carry out reasonable instructions as far as possible and draw a clear distinction between performing work under protest and agreeing to a change in the contract.
In addition, calculate the cumulative disadvantage, including pension, holiday pay, allowances and future salary increments. A seemingly small monthly change can have a considerable effect on an annual basis and on benefits.
Frequently asked questions
Many questions concern the meaning of arrangements and the options for responding. The answers below offer guidance on that choice. Always assess the specific documents and circumstances as well. A general explanation cannot establish which outcome is legally achievable in an individual dispute.
May my employer reduce my salary?
An employer cannot simply reduce wages. It must first be clear which pay arrangement applies and on what grounds the employer wishes to depart from it. An amendment clause does not confer unlimited power, so map out the personal consequences and respond in writing if you do not accept the proposal. Seek a legal assessment where necessary.
Is an amendment clause always valid?
An amendment clause does not give the employer carte blanche. The applicability and content of the clause must be examined, and the required balancing of interests remains necessary. Ask what specific interest underlies the change and which alternatives have been explored. The consequences for you as an individual employee belong in that assessment.
Can a rota be changed?
A rota can be changed in certain circumstances, but the contractual arrangements, the cao and the personal consequences remain relevant. Ask what change is being proposed and why. Distinguish between a different rota within the existing working hours and a change in the number of contractual hours. That distinction may be decisive for the legal assessment.
Is the works council’s consent enough?
Consent from the works council does not automatically mean that every individual term of employment has been changed. The role of the works council and your own contractual position must be assessed separately. Check which scheme is under consideration, what the consent relates to and what your employment contract or cao says. Its significance depends on the subject matter.
Should I continue working under protest?
Continuing to work under protest can help to make clear that you dispute a change, but it does not settle the legal assessment. Put your objection and reservation in writing. Do not stop working without an assessment. Have it examined which obligations continue to apply and whether fast-track proceedings are needed.
What deadline applies to an objection?
There is no general deadline for objecting to a proposed change that applies in every employment relationship. Do respond promptly, however, and check the letter, the cao and the relevant scheme. A pending wage claim or other proceedings may have their own deadlines. Have your file assessed if the change takes effect soon or already has financial consequences.
Can subsidised legal aid reduce the cost of a lawyer?
Subsidised legal aid (toevoeging) is state-funded legal assistance provided through the Legal Aid Board (Raad voor Rechtsbijstand). For a standard application, an income and assets test and a personal contribution apply. The firm assesses case by case whether an application is possible. Discuss in advance which costs you will have to bear yourself and whether a legal expenses insurance policy provides cover.
For applications in 2026, the reference year is normally 2024. The applicable reduction of the personal contribution is applied automatically in suitable cases. You do not first need to obtain a referral from the Juridisch Loket (the Dutch Legal Services Counter). Source: Legal Aid Board, 2026 standards, consulted on 22 September 2026.
Need help with employment law?
Would you like to know which step suits your employment law question? Have the relevant arrangements, correspondence and proposals assessed together. This makes clear which information is missing and whether consultation, a written response or legal proceedings may be worthwhile. Discuss the aim of the assessment and the costs in advance.
The first consultation is free of charge and confidential.
What can Arslan Advocaten do for you?
Arslan Advocaten in Rotterdam handles employment law matters. A legal assessment links the arrangements made with the correspondence and the specific consequences for your situation. Discuss what you want to achieve and which documents are available. The appropriate next step and the associated costs can then be determined.
Which sources were used?
- Dutch Civil Code, Articles 7:611 and 7:613
- Supreme Court of the Netherlands, 11 July 2008, Stoof/Mammoet, ECLI:NL:HR:2008:BD1847
- Flexible Working Act (Wet flexibel werken)
For questions about illness and changing work, employment law assistance, an expert opinion from the UWV (deskundigenoordeel), disagreeing with the company doctor and second-track reintegration may also be relevant.
Written by Onur Arslan, attorney at Arslan Advocaten in Rotterdam since 2009. He handles employment disputes concerning dismissal, wages, settlement agreements and terms of employment, for both employees and employers.
Last substantively updated: 23 September 2026.
